City of Nepean Act, 1995
The purpose of the Bill is to enable the council of The Corporation of the City of Nepean to require owners of land to remove garbage and debris from the portions of the highway abutting their land that is not used for vehicle traffic and to cut the grass and weeds on those portions.
An Act respecting the
City of Nepean
The Corporation of the City of Nepean, referred to in this Act as the Corporation, has applied for special legislation in respect of the matters set out in this Act.
It is appropriate to grant the application.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
By-laws respecting debris, grass and weeds on highways
1. The council of The Corporation of the City of Nepean may pass by-laws,
(a) requiring the owners of land to clear away and remove garbage and other debris at their own expense from the highways abutting their land except the portions used for motor vehicle traffic;
(b) prescribing standards for the cutting of grass or weeds on the highways except the portions used for motor vehicle traffic;
(c) requiring the owners of land to cut the grass or weeds at their own expense on the highways abutting their lands in accordance with the standards prescribed under clause (b), except the portions used for motor vehicle traffic, and to remove the cuttings at their own expense whenever the growth of grass of weeds exceeds 10 centimetres in height or such greater height as the by-law may provide.
2. (1) No step shall be taken to enforce a by-law passed under section 1 until the owner of the land has been given a written notice requiring compliance with the by-law within the time specified in the notice but no sooner than 72 hours after the giving of the notice.
(2) A notice under subsection (1) may be given by personal service upon the person to whom it is directed or by sending it by registered mail to that person.
(3) A notice sent by registered mail shall be sent to the last known address of the person to whom it is directed and it shall be deemed to have been given on the day it is delivered to that address.
3. (1) If an owner of land fails to comply with the by-law passed under section 1 within the time specified in the notice given under section 2, the Corporation may do the work or arrange for the work to be done and the Corporation shall have a lien for any amount so spent and for an administrative fee.
(2) The certificate of the clerk of the Corporation as to the total amount spent is admissible as proof, in the absence of evidence to the contrary, of the total amount spent.
(3) The total amount spent together with the administrative fee shall be deemed to be municipal real property taxes and shall be added to the collector's roll and shall be subject to the same penalty and interest charges as real property taxes and shall be collected in the same manner and with the same remedies as real property taxes.
(4) Before the certificate of the clerk of the Corporation is issued, an interim certificate shall be delivered to the owner of the property that is subject to the lien and to all mortgagees or other encumbrancers.
(5) The affected owner, mortgagees or other encumbrancers may, within two weeks from the date of receipt of the interim certificate, appeal the amount shown on it to the council of the Corporation.
4. Nothing in this Act affects any right or duty of the Corporation with respect to any highway right or way.
5. This Act comes into force on the day it receives Royal Assent.
6. The short title of this Act is the City of Nepean Act, 1995.